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Section 133.705 – Definitions for ORS 133.705 to 133.717

May 14, 2021 | Criminal Procedure, Oregon

As used in ORS 133.705 to 133.717:

(1) “Biological evidence” means an individual’s blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids or other identified biological material. “Biological evidence” includes the contents of a sexual assault forensic evidence kit.
(2) “Convicted” includes a finding of guilty or responsible except for insanity and a finding that a person is within the jurisdiction of the juvenile court under ORS 419C.005.
(3) “Covered offense” means:

(a) Aggravated murder under ORS 163.095;
(b) Murder in the first degree under section 3 of this 2019 Act;
(c) Murder in the second degree under ORS 163.115;
(d) Manslaughter in the first degree under ORS 163.118;
(e) Manslaughter in the second degree under ORS 163.125;
(f) Aggravated vehicular homicide under ORS 163.149;
(g) Rape in the first degree under ORS 163.375;
(h) Sodomy in the first degree under ORS 163.405; or
(i) Unlawful sexual penetration in the first degree under ORS 163.411.
(4) “Custodian” means a law enforcement agency as defined in ORS 131.550, or any other person or public body as defined in ORS 174.109, that is charged with the collection, preservation or retrieval of evidence in connection with a criminal investigation or criminal prosecution. “Custodian” does not include a court.
(5) “DNA” means deoxyribonucleic acid.
(6) “DNA profile” means the unique identifier of an individual that is derived from DNA.
(7) “Sentence” means a term of incarceration in a correctional or juvenile detention facility, a period of probation, parole or post-prison supervision and the period of time during which a person is under the jurisdiction of the Psychiatric Security Review Board.
(8) “Supervisory authority” has the meaning given that term in ORS 144.087.
(9) “Victim” has the meaning given that term in ORS 131.007.

ORS 133.705

Amended by 2019 Ch. 635,§ 7, eff. 9/29/2019.
2011 c. 275, § 2

133.705 to 133.717 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 133 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.